Detailed Answer
When you retain an attorney to open or administer a probate estate in Texas, the initial probate representation agreement—often called an engagement letter—defines which tasks your lawyer will handle under the agreed fee. Clear scope-of-work provisions protect both the client and the attorney. In Texas, lawyers must comply with Rule 1.04 of the Texas Disciplinary Rules of Professional Conduct, which requires communication of the scope of representation.
1. Understanding the Engagement Agreement
Your engagement letter should specify whether it covers:
- Filing the original probate application (Tex. Estates Code §256.001)
- Serving notice to heirs and beneficiaries (Tex. Estates Code §301.051)
- Preparing and filing inventory and appraisement (Tex. Estates Code §309.001)
- Notifying creditors and publishing required notices (Tex. Estates Code §802.051)
- Attending routine court hearings and securing Letters Testamentary or Letters of Administration
2. Typical Tasks Included
Most initial agreements cover basic probate administration tasks up to distribution of noncontroversial assets. This usually includes:
- Case setup: opening file, drafting necessary petitions
- Court filings: probate application, docketing
- Asset management: basic inventory, appraisement, short-form affidavits
- Creditor matters: notices, simple claims resolution
- Final distributions for uncontested estates
3. Additional or Excluded Tasks
Your letter should clarify which services incur extra fees. Common exclusions include:
- Complex asset valuation or litigation over estate assets
- Will contests or creditor disputes
- Tax planning, federal or state estate tax filings
- Ancillary probate in other states
- Guardianship or guardianship accountings
- Apearances at multiple or extended hearings
4. Reviewing and Modifying Your Agreement
Before signing, confirm that the engagement letter:
- Lists all tasks covered by the initial fee and those billed separately
- Identifies hourly or flat fees for additional work
- Details expense and filing-cost reimbursements
- Specifies how and when you’ll receive billing statements
- Allows amendment in writing if new tasks arise
5. Legal Requirements and Best Practices
Under Tex. Estates Code Chapter 102, courts appoint personal representatives after jurisdiction is established. Attorneys should use engagement agreements to manage expectations, control costs, and avoid disputes. Clear scope-of-work letters help ensure compliance with both court rules and professional conduct standards.
Helpful Hints
- Request a sample checklist of covered tasks before hiring.
- Compare multiple engagement letters to evaluate scope and fees.
- Ask about flat fees versus hourly billing for specific tasks.
- Get any scope changes in writing to avoid surprise charges.
- Keep copies of all signed agreements and invoices.
- Confirm who handles client communications and updates.
Disclaimer: This article provides general information about Texas probate practice and is not legal advice. Always consult a qualified attorney for advice on your specific situation.